1. Prof. dr. F. Maes – Maritime Institute – Ghent University International Examples of Authorization for Marine Spatial Planning (MSP) Prof. dr. F. Maes UNESCO Marine Spatial Planning Workshop Paris, 7-11 November

2. Prof. dr. F. Maes – Maritime Institute – Ghent University International authorization - Shipping lanes: limited to one use, e.g. traffic separation schemes, areas to be avoided, … approval by IMO. Objectives: safety at sea and prevention of pollution from accidents - Law of the Sea before 1982: exploitation of natural resources in territorial sea and non-living resources on the continental shelf & fishery zones. Planning = economic driven - Environmental protection from 1972 on with focus on prevention and reduction of pollution from activities at sea: balance between economic exploitation & environmental protection

3. Prof. dr. F. Maes – Maritime Institute – Ghent University International authorization - Law of the Sea Convention (1982): right for CS to regulate activities at sea – except shipping (e.g. art. 211 (6) LOSC – PSSA in EEZ, IMO approval ), taking into account the duty to protect the marine environment (not only prevention, but also nature protection + conservation) EEZ : driving force for nat. authorization to regulate new uses in a multiple use context + improved protection of marine environment. -Int. conventions (Ramsar, CBD, …) stimulate nature & species protection, habitat protect., and should ultimately lead to ecosystem protection: environment driven * NO MSP required (legally): MSP is left for national states

4. Prof. dr. F. Maes – Maritime Institute – Ghent University Regional authorization - EU: - fisheries (authorization & implementation control ) - nature (Habitat-1992) and species (Birds-1979) protection (duty MS & EU implementation control) with effects for other users - (European) regional seas: Baltic Sea, OSPAR region, …. in planning phase. At the moment NO regional authorization required (legal), however strong political focus on protection of ecosystems through planning

5. Prof. dr. F. Maes – Maritime Institute – Ghent University MSP based on national authorisation - Initially focused on MPAs (Florida Keys, Great Barrier Reef, ….), although MPAs are still the main driving force for MSP today - EU MS have to identify SPAs & SACs at sea + provide sufficient protection (legal obligation) Natura 2000 Networks - Spatial planning as part of ICZM

6. Prof. dr. F. Maes – Maritime Institute – Ghent University MSP on national level today - new activities new marine spatial claims new user conflicts and ecosystem interferences two approaches: - single use ad hoc: permits + EIA for each activity, without taking into account effects to or from other activities – assessment of ecological effects are limited in space - multiple use approach through spatial planning: permits depending on effects of all activities in the area, such as user-user effects & ecosystem effects for a larger area

7. Prof. dr. F. Maes – Maritime Institute – Ghent University Spatial planning without spatial plan No statutory basis for spatial planning (e.g. Belgium) How: - spatial planning on policy level needs a strong marine law (prohibitions, EIAs, concessions & permits (legal)) pro: - flexible allocation of activities based on demands - flexible public or stakeholder participation depending on urgency - policy can easily be adapted based on new scientific knowledge contra: - does not solve competition among different governmental bodies involved: no redistribution of competences if necessary for a holistic approach - planning does not take into account user-user conflicts for a broader area - no EIA or assessment of ecological effects for the whole planning area (SEA), single use EIA

8. Prof. dr. F. Maes – Maritime Institute – Ghent University Spatial planning based on spatial plan How: - spatial planning has a statutory basis (Germany, …) Pro: - legally enforceable duty for governmental bodies - public participation can not easily be offset due to legal procedures (access to courts) - legal enforcement tools besides administrative enforcement - a holistic legal basis for EIA (SEA) or assessment of ecological effects - better legal protection of user rights and nature - improved management on a long term scale Contra: - less flexible to take into account new scientific data due to rigid procedures for planning adaptation & results of public participation - higher political and administrative resistance might result in a weak plan

9. Prof. dr. F. Maes – Maritime Institute – Ghent University MSP: Points of attention - Planning scale: legal-administrative or ecosystems? - Boundaries: regional or national or international - Top down/bottom up approach or combined, how? - Spatial planning based on a statutory or non-statutory plan? - Conflict resolution: by public participation or legal procedures, … - Enforcement: administrative or legal? - Should there be a hierarchy in managing conflicting uses - Link with spatial planning on land